Four criminal actions against the former governor have already been sent by the Federal Court to the (Superior Court of Justice) due to the decision of the (Supreme Court) of.
It is the second turnaround in these cases, three of which have already had convictions to Cabral reversed after the courts consider the concentration of criminal proceedings with Judge Marcelo Bretas to be irregular.
In two cases, the magistrates who received the case from the predecessor, but interrupted the performance after the change of understanding in the Supreme.
Other actions must follow the same destination. Cases in the Court of Justice and the TRE (Regional Electoral Court) await the statement of the defenses. The Public Prosecution Service of Rio de Janeiro has already positioned itself favorably to send to the STJ.
Sought, Cabral’s defense did not want to comment on decisions.
In March, the Supreme Court decided that the forum by prerogative of function remains even after the authority left office. Cabral accumulates more than 30 criminal actions arising from the alleged crimes committed when he was governor (2007-2014).
The Supreme changed the previous understanding, according to which the special forum was closed with the end of the mandate. It was based on this understanding, 2018, that all Lava Jato processes and their consequences were judged in the first instance.
The Supreme’s decision states that the acts performed by the Supreme Court and the other judgments based on the previous jurisprudence are preserved. There are doubts, however, about the impact on proceedings that have already been convicted in the first instance.
They are currently in the second instance for appeal analysis. It is not known if, when receiving the lawsuits, the STJ minister will only evaluate the resources or merit of the action, as in cases of forum.
The former governor is accused of charging 5% bribery over the major contracts of his management. The investigations pointed to the name of oranges, besides being used, according to the federal, for money laundering.
Initially, o. Two years after prison ,. At the end of 2019, with May 2021. After leaving prison ,.
Cabral was six years pre -imprisoned while responding to 37 criminal actions, 35 related to Lava Jato developments. It has been free since December 2022, but remains a liability of 33 criminal proceedings (32 of Lava Jato).
The penalties, coupled, even exceeded 400 years in prison. With the annulment of sentences and changes in dosimetry, they now reach 274 years.
Judge Alexandre Libonati of the 2nd Federal Criminal Court was responsible for sending three criminal actions to the STJ.
They deal with the alleged bribe paid by businessman Arthur Soares, another by businessman Marco Antônio de Luca, and the accusation of buying votes from members of the COI (International Olympic Committee) for the choice of Rio de Janeiro as headquarters of the 2016 Olympics.
They had all generated convictions to Cabral and other accused, but had the sentence annulled after Bretas was declared incompetent to judge them.
In the action of Luca’s case, regarding Operation Ratatouille, the magistrate had already ratified the decisions and evidence collected by Bretas, leaving only the elaboration of a new judgment.
In other cases, linked to Operation Unfair Play, the magistrate sent the lawsuits to Brasilia before evaluating whether he validated acts of the previous magistrate or not. It will be up to the STJ the decision on the ratification of the acts of the investigation.
The fourth process sent to the STJ was the responsibility of Judge Vitor Valpesta, of the 3rd Federal Criminal Court. It deals with the exposed invoice operation, which investigates alleged corruption scheme at the Health Department in Cabral Management.
In this case, the submission was the consequence of a decision made by Valpesta in another case, linked to the exposed invoice but has no Cabral as a defendant.
The magistrate complied with the request of Jair da Veiga, appointed as responsible for suspicious bids at the Secretariat and Into (National Institute of Traumatology and Orthopedics). She claimed that, as the investigation originated in an investigation against the former governor, he was also subject to the change of interpretation of the Supreme Court.
Valpesta agreed with the argument and sent to the STJ the main proceedings of the exposed invoice, of which Cabral is a defendant, and five other criminal actions linked to her.
